COOK: Judge's decision irks cops but considers context

Three criminals walked out of the Macomb County courthouse shackle-free after separate sentencings one morning earlier this month.

Michael Brooks, 38, formerly of Warren, got probation from Judge Peter J. Maceroni for his role in the death of his obese wife.

Shane Spatafore, 17, of St. Clair Shores, avoided incarceration from Judge Mary Chrzanowski for stabbing his friend during a drug-induced craze.

Those two outcomes didn’t generate opposition. Neither defendant was a typical “career criminal.” Each made a bad choice, hopefully learned a lesson and is getting a second chance.

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But the third case was controversial, even though the defendant could fit the same description as the other two.

Sterling Heights cops and Macomb prosecutors weren’t happy that Chrzanowski granted “bond on appeal” to Caroline Hocking-Sullivan, 49, who was convicted of attempted murder and three assault charges for charging at cops with a knife in hand in her Sterling Heights home in May 2011. She was shot in the breast and has recovered.

“Unbelievable,” a detective whispered in response to the judge’s decisions.

Sentencing guidelines were 14 to 25 years, but Chrzanowski deviated significantly below that by setting a term of 4-20 years, on top of other lesser terms. That wasn’t too surprising. I expected a downward departure. Hocking-Sullivan has a nonviolent past and committed the act in her own home.

But surprising was the judge’s rare decision to release her pending the outcome of her appeal. Chrzanowski’s action reveals that she believes the defense has a legitimate appellate issue in protesting the prosecution’s providing the jury with snippets of an audio recording to the defendant’s statements to police while she lay in a hospital bed after being shot. It raises the question of whether she was competent to waive her Miranda rights because she was under the influence of alcohol and too many prescription pills.

Defense attorney Tim Barkovic at the time objected and was satisfied with Chrzanowski’s solution -- a “curative” instruction telling jurors to ignore the statements, during which Hocking-Sullivan may have incriminated herself.

Barkovic later admitted he probably should have asked for a mistrial at the time. I give him credit for saying at the sentencing, “I will throw myself under the bus,” when he asked the judge to grant a mistrial or new trial based on “ineffective assistance of counsel,” the legal term for an attorney screwing up. The judge denied his requests, noting the appeals court will review it.

There’s passion in both sides in this case.

Typically serene Steve Fox, the assistant prosecutor, heatedly argued for a long prison term, shouting to the judge, “She tried to kill a police officer!”

The oft-brazen Barkovic and Hocking-Sullivan’s family have been adamant in arguing for leniency.

Chrzanowski pointed out the courtroom battle’s acrimony has overshadowed the people involved -- four good cops, and a woman who has had a difficult life. The judge singled out Barkovic for being “overzealous” in his attempt to demonize the cops.

The incident affected the officers. They testified at trial and added at the sentencing that the incident traumatized them. Forced to shoot a person charging at you can have a lasting impact.

On the other side, the incident seems out of character for Hocking-Sullivan, who stands under 5 feet tall. She seems to be a nice woman who has had tough times. She battled with depression and substance abuse. On the night of the incident, Caroline’s sister called police because she suspected she overdosed and was suicidal.

Hocking-Sullivan has been haunted by her brutal rape in 1986 during which her infant daughter lay nearby. The rapist was caught and sent to prison but tried to contact her from prison and afterward. He even showed up one day at her front door, pretending to be a delivery man.

That’s why she says she slept with a knife.

She did get charged with filing a false police report in 2009 in Oakland County for trying to make it appear someone broke into a home, although the charge was reduced via plea; she also was abusing substances.

The shooting incident in a strange way has been a wake-up call for her.

Hocking-Sullivan said she is off the meds, appreciating life and trying to become a stronger and better person, particularly for her three daughters, all young women. She has undergone counseling and is participating in group therapy during which she says gets satisfaction from helping others.

The incident also has “made my family closer,” she said. Supporting her throughout the ordeal has been not only her daughters but her sister and niece and their families.

Perhaps she and the cops should meet. They may not like each other but at least may be able to find common ground and understanding.